5.7 Coastal management - GW · 5.7 Coastal management Interpretation If an activity is covered by...

PROPOSED NATURAL RESOURCES PLAN FOR THE WELLINGTON REGION DECISION VERSION (31.07.2019)) 233

5.7 Coastal management

Interpretation

If an activity is covered by more than one rule, then the rule that applies is the

rule that is more specific for the relevant activity, area or resource, rather than a

more general rule. This does not apply wWhere a proposal includes a number

of activities which trigger separate specific rules. In that case, all of the

relevant rules are considered when assessing the proposal. An activity needs to

comply with all relevant rules in the Plan, including those in the whaitua

Chapters 7 – 11.

For the purposes of these rules, ‘water’ means both fresh water and coastal

water.

As noted in Section 2.1 Pprovisions relevant to the coastal marine area are

identified by this icon .

Under section 86B of the Resource Management Act 1991 all rules have

immediate legal effect from 31 July 2015. The associated definitions, schedules

and maps applicable to those rules also have immediate legal effect.

The following table is intended as a guide only and does not form part of the

Plan. Refer to specified rules for detailed requirements.

Code Activity status

P Permitted

C Controlled

RD Restricted discretionary

D Discretionary

NC Non-complying

Pr Prohibited

Rules – Coastal management (CM) Page P C RD D NC Pr

Coastal management general conditions 192 237

Maintenance, repair, additions and alterations to existing structures

198 243

Rule R149: Maintenance or repair of structures 198 243 ●

Rule R150: Minor additions or alterations to structures 198 244 ●

Rule R151: Additions or alterations to structures 199 245 ●

Removal or demolition of structures 201 246

Rule R152: Removal or demolition of a structure or part of a structure

201 246 ●

Rule R153: Removal or demolition of a structure or part of a structure

201 247 ●

234 PROPOSED NATURAL RESOURCES PLAN FOR THE WELLINGTON REGION DECISION VERSION (31.07.2019)


New and replacement structures (including temporary structures)

202 248

Rule R154: New temporary structures outside sites of significance

202 248 ●

Rule R155: New temporary structures 203 249 ●

Rule R156: New or replacement navigation aids 204 249 ●

Rule R157: New or replacement structures for special purposes

205 250 ●

Rule R158: Structures in airport height restriction areas or navigation protection areas for airport/navigation purposes

206 251 ●

Rule R159: Structures in airport height restriction areas or navigation protection areas

206 252 ●

Rule R160: Structures and disturbance associated with motor vehicles inside the Cook Strait Cable Protection Zone

207 252 ●

Rule R161: New structures, additions or alterations to structures outside sites of significance

207 253 ●

Rule R162: New structures, additions or alterations to structures inside sites of significance

207 253 ●

Rule R163: Replacement of structures or parts of structures

208 254 ●

Rule R164: Replacement of structures or parts of structures

209 254 ●

Seawalls 209 255

Rule R165: Additions or alterations to, or replacements of, existing seawalls

209 255 ●

Rule R166: Seawalls outside sites of significance 210 256 ●

Rule R167: Seawalls inside sites of significance 211 256 ●

Heritage structures 211 257

Rule R168: Maintenance or repair or Aalteration to structures identified in Schedule E2 or Schedule E3

211 257 ●

Rule R169: Additions or alterations to structures identified in Schedule E1 or Schedule E2

212 258 ●

Rule R170: Additions to structures identified in Schedule E3

213 259 ●

Rule R171: Additions or alterations to structures identified in Schedule E1, Schedule E2 or Schedule E3

213 259 ●

Rule R172: Removal, demolition or replacement of structures or parts of structures identified in Schedule E1, Schedule E2 or Schedule E3

214 260 ●



Structures in the Commercial Port Area 214 260

Rule R173: Maintenance or repair or Aalteration or alterations to structures inside the Commercial Port Area

214 260 ●

Rule R174: Maintenance or repair or Aalteration or alterations to structures inside the Commercial Port Area

215 261 ●

Rule R175: New structures associated with passenger and cargo handling inside the Commercial Port Area

215 262 ●

Boatsheds and swing moorings 216 262

Rule R176: Use of boatsheds 216 262 ●

Rule R177: Change of use of boatsheds 216 262 ●

Rule R178: New boatsheds inside Boatshed Management Areas

216 263 ●

Rule R179: New boatsheds outside Boatshed Management Areas

217 263 ●

Rule R180: New sSwing moorings inside Mooring Areas

217 263 ●

Rule R181: New swing moorings outside Mooring Areas

217 264 ●

Occupation 218 264

Rule R182: Occupation of space by regionally significant infrastructure or a structure owned by a network utility operator

218 264 ●

Rule R183: Renewal of existing resource consents for occupation of space by structures

218 264 ●

Rule R184: Occupation of space 218 264 ●

Surface water and foreshore activities 218 265

Rule R185: General surface water and foreshore activities

218 265 ●


220 266 ●


220 267 ●

General disturbance activities 221 267

Rule R188: Minor disturbances 221 267 ●

Rule R189: Clearance of stormwater pipes 221 268 ●

Rule R190: Motor vehicles for Llaunching, retrieving or temporary mooring of vessels

222 272 ●

Rule R191: Disturbance associated with beach grooming

223 269 ●

Rule R192: Beach recontouring for coastal restoration purposes

223 270 ●



Rule R193: River, and stream and lake mouth cutting 224 270 ●

Rule R194: Disturbance or damage 225 272 ●

Rule R195: Disturbance or damage inside sites of significance

226 272 ●

Motor vehicles on the foreshore 226 272

Rule R196: Motor vehicles 226 273 ●

Rule R197: Motor vehicles for certain purposes 227 273 ●

Rule R198: Motor vehicles inside sites of significance 227 274 ●

Rule R199: Motor vehicles in the fossil forest at Tītahi Bay

227 274 ●

Dredging 228 274

Rule R200: Dredging for flood protection purposes or erosion mitigation

228 274 ●

Rule R201: Dredging for flood protection purposes or erosion mitigation inside sites of significance

229 275 ● ●

Rule R202: Maintenance dredging outside a Commercial Port Area or navigation protection areas

229 276 ●

Rule R203: Dredging inside a Commercial Port Area or navigation protection areas

230 277 ●

All other Destruction, damage, or disturbance or deposition

231 282

Rule R204: Destruction, damage, or disturbance or deposition outside sites of significance

231 282 ●

Rule R205: Destruction, damage, or disturbance or deposition inside sites of significance

231 282 ●

Deposition 231 277

Rule R206: Re-deposition of wind-blown sand 231 277 ●

Rule R207: Deposition for beach renourishment 232 278 ●

Rule R208: Deposition outside sites of significance 233 279 ●

Rule R209: Deposition inside sites of significance 233 279 ●

Dumping of waste or other matter 233 279

Rule R210: Dumping of waste or other matter outside sites of significance

233 279 ●

Rule R211: Dumping or storage of waste or other matter outside sites of significance

234 280 ●

Rule R212: Dumping of waste or other matter inside sites of significance

234 280 ●

Rule R213: Incineration of waste 235 281 ●

Reclamation and drainage 235 281

Rule R214: Reclamation and drainage for regionally significant infrastructure outside of sites of significance

235 281 ●



Rule R215: Reclamation and drainage inside of sites of significance

235 281 ●

Destruction 236 282

Rule R216: Destruction 236 282 ●

Introduction of plants 236 283

Rule R217: Planting 236 283 ●

Rule R218: Planting 236 283 ●

Rule R219: Planting of pest species 237 284 ●

Coastal management other methods

The Wellington Regional Council will promote sustainable management of the

coastal marine area through Methods M1, M2, M3, M4, M6, M8, M12, M15,

M20, M21, M22, M23, M24, M25, M26, M27 and M28.

Coastal management general conditions

Coastal management general conditions

Coastal management general conditions for activities in the coastal marine area

that apply when specified in a rule.

Disturbance

(a) the coastal marine area, including river mouths shall not be disturbed

to an extent greater than that required to undertake the activity, and

(b) any disturbance of the foreshore or seabed is removed in 48 hours, and

(c) there is no disturbance of the foreshore or seabed to a depth greater

than 0.5m below the seabed or foreshore within the Hutt Valley

Aquifer Zone shown on Map 30, and unless the activity is for the

replacement of an existing submarine telecommunications cable, in

which case the depth of disturbance must be no greater than 2.0m, and

(d) all machinery, equipment and materials used for the activity shall be

removed from the foreshore or seabed at the completion of the

activity, and

Discharges

(e) There shall be no discharge of contaminants (excluding sediment

which is addressed by clause (f)) to water or the foreshore or seabed,

except where the minor discharge is permitted by another rule in this

Plan, and

(f) The discharge of sediment to water from an activity in, on, over or

under the foreshore or seabed in the coastal marine area shall meet the

following:


(i) the release of sediment associated with the activity shall not

be undertaken for more than five consecutive days, and for

more than 12 hours per day, and

(ii) it shall not, after reasonable mixing, cause any conspicuous

change in the colour of the water in the receiving water or

any change in horizontal visibility greater than 30% more

than 24 hours after the completion of the activity, and

Erosion and scouring

(g) The activity shall not result in erosion or scouring of river banks (that

are part of the coastal marine area) and shall not result in flooding of a

neighbouring property, and

Diversion

(h) No structure shall alter the natural course of a river (that is part of the

coastal marine area), including any diversion of open coastal water

during flood events, and

Note

Tree planting or vegetative bank edge protection works that are limited to the

banks of a river and do not extend into the active channel are not considered to

alter the course of the river for the purpose of this condition.

(i) Any diversion of open coastal water undertaken as part of an activity

shall only be temporary and for a period no longer than that required

to complete the activity. All work shall be contained within the coastal

marine area, and any diversion channel required must have sufficient

capacity to carry the same flow as the original channel, so as not to

cause flooding or erosion of any neighbouring property, and

Dumping

(j) Demolition materials shall not be used for any purpose in the coastal

marine area, and

Fish passage

(k) Any structure constructed in the coastal marine area shall not impede

provide for fish passage between coastal and fresh water habitat

(including between fresh water and coastal water) at all times, unless a

temporary restriction is required for construction activities, and

Inanga spawning

(l) In any part of the coastal marine area (including any part of a river in

the coastal marine area) identified as inanga spawning habitat in

Schedule F1b (inanga spawning habitat), no disturbance of or

deposition in, on or under the foreshore or seabed shall occur and no

diversion of open coastal water or sediment discharge shall occur

between 1 March January and 31 May, and


Design and maintenance of structures

(m) Any structure (other than stormwater network structures) shall be

designed and maintained so that it does not reduce the ability of the

river (that is part of the coastal marine area) to convey flood flows,

including the management of flood debris accumulated against the

structure, and

Refuelling

(n) No refuelling or cleaning of equipment shall take place on the

foreshore or seabed in the coastal marine area (excluding vessels in

the Commercial Port Area), and fuel storage shall not occur at a

location where fuel can enter coastal water, and

Lighting and glare

(o) All exterior lighting shall be managed to avoid the spill of light or

glare that is:

(i) a hazard to traffic safety on streets outside the coastal marine

area, and

(ii) a hazard to navigation in the coastal marine area,

unless the lighting is necessary for public safety reasons or

operational requirements, and

Noise in the coastal marine area

(p) Noise from activities located outside the Commercial Port Area

shown on Map 32, Map 33 and Map 34 and the Lambton Harbour

Area (Northern Zone) shown on Map 32 in the coastal marine area

shall meet the following noise standards:

(i) the activity shall not cause excessive noise (defined in section

326 of the Resource Management Act 1991) outside the

coastal marine area, and

(ii) between the hours of 7.00am and 11.00pm, the noise level

(Leq) measured at any point on the nearest Residential Area

boundary shall not exceed 55dB(A), and

(iii) between the hours of 11.00pm and 7.00am, the noise level

(Leq) measured at any point on the nearest Residential Area

boundary shall not exceed 45dB(A), and

(iv) single events of noise shall not exceed an Lmax sound level

of 75dB(A), and

(v) noise shall be measured and assessed in accordance with NZS

6802:2008 Acoustics – Environmental Noise, and


(vi) any construction activities shall meet standards specified in

Table 1 of NZS 6803:1999 Acoustics – Construction Noise,

and

(vii) helicopter landing areas shall meet the standards specified for

residential areas in Table 1 of NZS 6807:1994 Noise

management and land use planning for helicopter landing

areas, and

conditions (i) to (iv) shall not apply to the following:

(viii) noise generated by navigational aids, safety signals, warning

devices, or emergency pressure relief valves, or

(ix) noise generated by emergency work arising from the need to

protect life or limb or prevent loss or serious damage to

property or minimise or prevent environmental damage, or

(x) commercial firework displays, and

conditions (ii) to (iv) shall not apply to temporary military training

activities undertaken for defence purposes. Noise emission as a result

of temporary military training measured on a line 20m from and

parallel to the facade of any dwelling used for accommodation or the

legal boundary where this is closer to the dwelling or building shall

meet the following:

(xi) for all activities excluding the use of explosives:

Time (any day) Limits (dB(A))

Leq Lmax

0000 – 0630

0630 – 0730

0730 – 1800

1800 – 2000

2000 – 2400

45

60

75

70

45

75

75

90

85

75

(xii) for activities involving the use of explosives: 122dB(C)

during daylight hours, and

(q) Noise from port-related activities located within the Commercial

Port Area shown on Map 32, Map 33 and Map 34 and the Lambton

Harbour Area (Northern Zone) shown on Map 32 shall comply with

the following noise standards:

the activity shall not cause excessive noise (defined in section


coastal marine area, and


noise shall be measured in accordance with the requirements

of NZS 6801:2008 Acoustics – Measurement of

environmental sound and NZS 6809:1999 Port noise

management and land use planning, and

noise from port-related activities in a Commercial Port

Area and the part of the Lambton Harbour Area shown on

Map 32 shall not exceed the following at or beyond the Port

Noise Control Line as shown on Map 32, Map 33 and Map

34, and

Time (any day) Limits (dB(A))

Ldn Lmax Leq

Any 5 consecutive 24 hour periods 65 - -

Any 24 hour period 68 - -

10pm – 7am 85 60 (9hr)

65 (15mins)

CentrePort shall undertake a noise monitoring programme to

ensure that noise from port-related activities comply with

limits in (q)(iii) at the Port Noise Control Line as shown on

Map 32, Map 33 and Map 34. This monitoring will be

undertaken in accordance with the Port Noise Management

Plan for CentrePort Limited (Dec 2008) and the information

shall be reported to the Wellington Regional Council, and

conditions (q)(i), (q)(iii) and (q)(iv) shall not apply to the following:

noise generated by navigational aids, safety signals, warning

devices or emergency pressure relief valves, and

noise generated by emergency work arising from the need to


property or minimise or prevent environmental damage, and

noise generated by construction activities which shall meet

the standards specified in Table 1 of NZS 6803:1999

Acoustics – Construction Noise, and

noise generated by helicopter landing areas which shall meet

the standards specified for commercial areas in Table 1 of

NZS 6807:1994 Noise management and land use planning for

helicopter landing areas, and

(r) The following noise standards shall only apply to activities in the

Commercial Port Area at Seaview Wharf shown on Map 34 that are

controlled by a rule in this Plan, are located in the coastal marine area

and refer to the coastal marine area general conditions within the rule:


(i) the activity shall not cause excessive noise (defined in section


coastal marine area at the nearest residential area boundary,

and

(ii) the noise level measured at any point on the nearest

residential area boundary shall not exceed:

Time (any day) Limits

Leq Lmax

7am – 11pm 60 dB(A) -

11pm – 7am 45 dB(A) 75 dB(A)

(iii) noise shall be measured in accordance with NZS 6801:2008

Acoustics – Measurement of environmental sound. Corrected

levels shall be determined in accordance with NZS 6802:2008

Acoustics – Environmental Noise, and

conditions (r)(i) and (r)(ii) shall not apply to the following:

(iv) noise generated by navigational aids, safety signals, warning

devices, or emergency pressure relief valves, and

(v) noise generated by emergency work arising from the need to


property or minimise or prevent environmental damage, and

(vi) noise generated by construction activities which shall meet

the standards specified in Table 1 of NZS 6803:1999

Acoustics – Construction Noise, and

(vii) noise generated by helicopter landing areas which shall meet

the standards specified for Commercial areas in Table 1 of

NZS 6807:1994 Noise management and land use planning for

helicopter landing areas, and

(s) Habitable rooms in buildings containing noise sensitive activities in a

Commercial Port Area, the Lambton Harbour Area and the

Lambton Harbour Area (Northern Zone), shown on Map 32, Map

33 and Map 34, shall be protected from noise arising from outside the

building by ensuring the external sound insulation level achieves the

following minimum performance standards:

Area Planning Map Performance standard

Commercial Port Area Map 32, Map 33, Map 34 DnT,w + Ctr > 35 dB

Lambton Harbour Area (Northern Zone)

Map 32 DnT,w + Ctr > 35 dB


Area Planning Map Performance standard

Lambton Harbour Area Map 32 (excluding northern zone)

DnT,w + Ctr > 30 dB

(t) Where bedrooms with openable windows are proposed, a positive

supplementary source of fresh air ducted from outside is required at

the time of fit-out. For the purposes of this requirement, a bedroom is

any room intended to be used for sleeping. The supplementary source

of air is to achieve a minimum of 7.5L/s per person. The required

airflow level is based on the minimum standard for habitable spaces

set out in NZS 4303:1990 Ventilation for Acceptable Indoor Air

Quality, and

Port Noise Management Plan

(u) CentrePort shall at all times operate in accordance with the Port Noise

Management Plan for CentrePort Ltd (December 2008).

Maintenance, repair, additions and alterations to existing structures

Rule R149: Maintenance or repair of structures – permitted activity

The maintenance or repair of a structure in the coastal marine area, including

any associated:

(a) occupation of space in the common marine and coastal area, and

(b) disturbance of the foreshore or seabed, and

(c) deposition in, on or under the foreshore or seabed, and

(d) discharge of contaminants, and

(e) diversion of open coastal water

is a permitted activity, provided the following conditions are met:

(f) the maintenance and repair of the structure is contained within the form

of the existing structure and there is no increase in length, width, or

height of the existing structure (except for increases for the purposes of

replacement, removal and alterations of existing utility services, electric

or aerial telecommunications cables/conductors/pipelines where these

activities will not result in increases in design voltage and the new or

altered cables/conductors/pipelines will not be lower in height above the

foreshore or seabed), and

(g) for structures identified in Schedule E1 (heritage structures), the

materials used for maintenance and repair of the structure or match the

existing structures in, form and appearance, and


(h) the activity shall comply with the coastal management general conditions

specified above in Section 5.7.2.

Note

Repainting is permitted by this rule and this rule applies to structures

listed in Schedule E1 (heritage structures), Schedule E2 (wharves and

boatsheds) and Schedule E3 (navigation aids) and structures in the

Commercial Port Area.

This rule applies to all existing coastal marine area structures, including

seawalls, navigation aids and port structures except those heritage

structures identified in Schedules E1-E3 (in which case R168 applies)

Rule R150: Minor additions or alterations to structures – permitted activity

The addition or alteration to a structure and the associated use of the addition in

the coastal marine area, including any associated:







(f) the structure is not identified in Schedule E1 (heritage structures),

Schedule E2 (wharves and boatsheds) or Schedule E3 (navigation

aids), and

(g) there is no change in the use of the structure, and

(h) the structure is not a seawall, and

(i) the structure is not in the Commercial Port Area, and

(j) the minor addition or alteration shall add no more than 5m in

horizontal projection and 1m in vertical projection to the structure as it

existed on the date of 31 July 2015 public notification of the Proposed

Natural Resources Plan (31.07.2015) in the coastal marine area, and

(k) when altering the depth or width of a stormwater pipe, any

excavations do not excavate any deeper or wider that the original

grade or cross section of the stormwater pipe channel, unless the

widening or deepening is for the purpose of constructing a sediment

retention trap, and


(l) the activity shall comply with the coastal management general

conditions specified above in Section 5.7.2.

Note

Rule R173 and Rule R174 applies to additions and alterations in the


Rule R151: Additions or alterations to structures – controlled activity

The addition or alteration to a structure and the associated use of the addition in

the coastal marine area, including any associated:






that are not permitted by Rule R149 or Rule R150, is a controlled activity,

provided the following conditions are met:



aids), and

(g) the structure is not located within a navigation protection area

shown on Map 49, or in an airport height restriction area shown on

Map 50 and 51, and

(h) there is no change in the use of the structure, and

(i) the structure is not a seawall, and

(j) the structure is not in the Commercial Port Area, and

(k) the addition shall add no more than 10m horizontal projection and 3m

vertical projection to the structure as it existed on the date of 31 July

2015 public notification of the Proposed Natural Resources Plan

(31.07.2015), and

(l) the activity shall comply with the coastal management general


Matters of control

1. The use of the structure

2. Effects on public access


3. Effects on public open space and visual amenity

4. Effects on coastal natural processes including effects on shoreline

stability in the vicinity and adjacent areas

5. Effects on a site or habitat identified in Schedule C (mana whenua),

Schedule F2c (birds-coastal), Schedule F4 (coastal sites), Schedule F5

(coastal habitats), or Schedule J (geological features) or Schedule K

(surf breaks)

Notification

In respect of Rule R151 applications are precluded from public notification

(unless special circumstances exist).

Note

Rule R173 and Rule R174 applies to additions and alterations in the


Permission may be required from the relevant city or district council in respect

of the Building Act 1991 or other legislation or bylaws.

Removal or demolition of structures

Rule R152: Removal or demolition of structures or part of a structure – permitted activity

The removal or demolition of a structure or part of a structure in the coastal

marine area, including any associated:

(a) disturbance of the foreshore or seabed, and

(b) deposition in, on or under the foreshore or seabed, and

(c) discharge of contaminants, and

(d) diversion of open coastal water


(e) the structure is not identified in Schedule E1 (heritage structures),


aids), and

(f) the structure is not inside a site or habitat identified in Schedule C

(mana whenua), Schedule F4 (coastal sites) or Schedule F5 (coastal

habitats), and

(g) the removal or demolition shall not disturb more than 10m3 of the

foreshore or seabed, and

(h) the structure or part of the structure, is completely removed from the

coastal marine area, except for structures within the Commercial Port

Area, and


(i) no explosives shall be used in the removal or demolition, and

(j) written notice detailing the scale and location of the structure and the

timing of construction and removal shall be given five working days

before work commences to:

(i) the Wellington Regional Council Harbourmaster, and

(ii) Maritime New Zealand, and

(k) the activity shall comply with the coastal management general


Rule R153: Removal or demolition of a structure or part of a structure – restricted discretionary activity

The removal or demolition of a structure or part of a structure in the coastal






that is not permitted by Rule R152 and is not a discretionary activity under

Rule R172 or Rule R166, or non-complying under Rule R162 is a restricted

discretionary activity.

Matters for discretion



3. Effects of disturbance, deposition, discharge and diversion associated

with the removal


Schedule F4 (coastal sites) or Schedule F5 (coastal habitats)

5. Lighting and noise

6. Navigational safety including the notification of the Wellington

Regional Council Harbourmaster and Maritime New Zealand

New and replacement structures (including temporary structures)

Rule R154: New temporary structures outside sites of significance – permitted activity

The placement of Aa new temporary structure and the associated use of the

structure in the coastal marine area, including any associated:








(f) the structure is outside a site or habitat identified in Schedule C (mana

whenua), Schedule F4 (coastal sites), Schedule F5 (coastal habitats) or

Schedule J (geological features), and

(g) the structure is outside a navigation protection area shown on Map

49, or airport height restriction areas shown on Maps 50 and 51, and

(h) the structure shall be maintained in a safe condition at all times, and

(i) the entire structure shall be removed after use, and

(j) if the structure is on a wharf identified in Schedule E2 (wharves and

boatsheds), the temporary structure shall not cause permanent

physical damage to the wharf, and

(k) the structure shall not include advertising or marketing signage, and

(l) the structure shall not cause a hazard to navigation, and

(m) the structure shall not be in place for a period exceeding a total of 31

days or part days during a 12 month period, inclusive of the placement

and removal, and

(n) the structure shall not prevent public access to and along the

foreshore, and

(o) written notice detailing the scale and location of the structure and the




(ii) Maritime New Zealand,

(p) the activity shall comply with the coastal management general



Rule R155: New temporary structures – restricted discretionary activity

The placement of Aa new temporary structure and the associated use of the

structure in the coastal marine area, including any associated:






that is not permitted by Rule R154 is a restricted discretionary activity.


1. Use of the structure




with the activity




Schedule F4 (coastal sites), Schedule F5 (coastal habitats) or Schedule

J (geological features)

7. Effects on the heritage values of structures identified in Schedule E1

(heritage structures) or Schedule E2 (wharves and boatsheds)


9. The structural integrity and condition of the structure

10. Navigational safety including the notification of the Wellington

Regional Council Harbourmaster and Maritime New Zealand

Rule R156: New or replacement navigation aids – permitted activity

The placement of Aa new or replacement navigational aid and the associated

use of the structure in the coastal marine area, including any associated:








(f) the navigation aid is not listed in Schedule E3 (navigation aids), and

(g) written notice detailing the scale and location of the structure and the




(ii) Maritime New Zealand, and

(iii) Land Information New Zealand, and

(h) the navigational aid shall be maintained in a structurally safe condition

at all times, and

(i) the activity shall comply with the coastal management general


Rule R157: New or replacement structures for special purposes – controlled activity

The placement of Aa new structure or the replacement of a structure for

scientific, research, monitoring and education purposes and the associated use

of the structure in the coastal marine area, including any associated:






is a controlled activity, provided the following conditions are met:

(f) the structure in not identified in Schedule E1 (heritage structures),


aids), and

(g) the activity is not inside a site identified in Schedule E4

(archaeological sites) or Schedule J (geological features), and

(h) the structure is outside a navigation protection area identified on

Map 49, and


(i) there is no change in use of the structure, and

(j) the structure does not exceed an area of 2m2 or a vertical projection of

2m, and

(k) the activity shall comply with the coastal management general


Matters of control




with construction





(coastal habitats) or Schedule K (surf breaks).

6. Lighting and noise mitigation methods

Notification

In respect of Rule R157, applications are precluded from public notification


Rule R158: Structures in airport height restriction areas or navigation protection areas for airport/navigation purposes – discretionary activity

The placement of Aa new structure including a temporary structure or

addition or alteration to a structure and the associated use of the structure:

(a) in a navigation protection area shown on Map 49, or

(b) within an airport height restriction area shown on Map 50 or Map 51,

including any associated:

(c) occupation of space in the common marine and coastal area, and

(d) disturbance of the foreshore or seabed, and

(e) deposition in, on or under the foreshore or seabed, and

(f) discharge of contaminants, and

(g) diversion of open coastal water

is a discretionary activity, provided the following conditions are met:


(h) in respect of condition (a), written approval is given by the relevant

airport authority, and

(i) in respect of condition (b), written approval is given by the Wellington

Regional Council Harbourmaster.

Rule R159: Structures in airport height restriction areas or navigation protection areas – prohibited activity

The placement of Aa new structure including a temporary structure or

addition or alteration to a structure (excluding navigation aids, cables and

pipelines fixed to the seabed) and the associated use of the structure in a

navigation protection area shown on Map 49 or within an airport height

restriction area shown on Map 50 or Map 51, including any associated:






that is not a discretionary activity under Rule R158, is a prohibited activity.

Rule R160: New structures and disturbance associated with motor vehicles inside the Cook Strait Cable Protection Zone and adjacent foreshore, and inside a mana whenua sites of significance – discretionary activity

The placement of Aa new structure and the associated use of the structure and

disturbance associated with motor vehicles in the coastal marine area:

(a) specific to the National grid, and

(b) related to the Cook Strait Cable within inside the Cook Strait Cable

Protection Zone shown on Map 52, and adjacent foreshore, and

(c) inside a site of significance identified in Schedule C (mana whenua),


(a)(d) occupation of the common marine and coastal area, and

(b)(e) disturbance of the foreshore or seabed, and

(c)(f) deposition in, on or under the foreshore or seabed, and

(d)(g) discharge of contaminants, and

(e)(h) diversion of open coastal water


that is not permitted controlled by Rule R157 is a discretionary activity.

Rule R161: New structures, additions or alterations to structures outside sites of significance – discretionary activity

The placement of Aa new structure, addition or alteration to a structure and the

associated use of the structure outside a site or habitat identified in Schedule C

(mana whenua), Schedule F4 (coastal sites), Schedule F5 (coastal habitats) or

Schedule J (geological features) in the coastal marine area, including any

associated:






that is not permitted by Rule R156, Rule R175, Rule R176, or controlled by

Rule R151 or Rule R157 or Rule R174 or restricted discretionary under Rule

R155 or prohibited under Rule R159 is a discretionary activity.

Rule R162: New structures, additions or alterations to structures inside sites of significance – non-complying activity

The placement of Aa new structure, addition or alteration to a structure and the

associated use of the structure inside a site or habitat identified in Schedule C

(mana whenua), Schedule F4 (coastal sites), Schedule F5 (coastal habitats) or

Schedule J (geological features) in the coastal marine area, including any

associated:






that is not permitted by Rule R156, Rule R175, Rule R176 or a controlled

activity under Rule R151, Rule R157 and Rule R174, or a restricted

discretionary activity under Rule R155 or a discretionary activity under Rule

R160, or prohibited under Rule R159 is a non-complying activity.

Rule R163: Replacement of structures or parts of structures – permitted activity

The replacement of a structure or part of a structure and the associated use of

the structure in the coastal marine area, including any associated:








(f) the replacement structure has a functional need or operational

requirement to be located in the coastal marine area, and

(g) the structure is not a seawall (excluding revetments or those seawalls

protecting wharves within a Commercial Port Area), and

(h) there is no change in the use of the structure, and

(i) the replacement structure is built in the same or similar location as the

original structure, and

(j) the replacement structure has the same or lesser footprint as the

original structure, and

(k) the replacement structure maintains the form of the original structure

and there is no increase in the length, width or height, and

(l) the replacement structure is not inside a site or habitat identified in

Schedule C (mana whenua), Schedule E1 (heritage structures),

Schedule E2 (wharves and boatsheds), Schedule E3 (navigation aids),


J (geological features) excluding those structures for scientific,

research or education purposes that will enhance the understanding

and long term protection of the coastal marine area, and

(m) the activity shall comply with the coastal management general


Rule R164: Replacement of structures or parts of structures – restricted discretionary activity

The replacement of a structure or part of a structure and the associated use of

the structure in the coastal marine area, including any associated:







that is not permitted by Rule R149, Rule R152, Rule R156 or Rule R163 or a

controlled activity by Rule R157, is a restricted discretionary activity. provided

the following conditions are met:



aids).


1. The use of the structure




with the activity



J (geological features)

6. Light and noise

7. Effects on shoreline stability in the vicinity and nearby areas

Seawalls

Rule R165: Additions or alterations to, or replacements of, existing seawalls – controlled activity

The addition or alteration to, or replacements of, an existing seawall and the

associated use of the addition in the coastal marine area, including any

associated:







(f) any addition shall add no more than 5m in horizontal projection and

1m in vertical projection to the structure as it existed on the date of 31


July 2015 public notification of the Proposed Natural Resources Plan

(31.07.2015),

(g) the addition shall not extend any further seaward than the existing

seawall, and

(h) the activity shall comply with the coastal management general


Matters of control


2. Design and construction




Schedule F4 (coastal sites), Schedule F5 (coastal habitats), Schedule J

(geological features) or Schedule K (surf breaks)


(heritage structures), Schedule E2 (wharves and boatsheds) or

Schedule E3 (navigational aids)

Rule R166: Seawalls outside sites of significance – discretionary activity

The placement of Aa new seawall, or the addition to or alteration or

replacement of an existing seawall, and the associated use of the structure

outside a site or habitat identified in Schedule C (mana whenua), Schedule F4

(coastal sites), Schedule F5 (coastal habitats) or Schedule J (geological

features) in the coastal marine area including any associated:






that is not a controlled activity under Rule R165 is a discretionary activity.

Rule R167: Seawalls inside sites of significance – non-complying activity

The placement of Aa new seawall, or the addition to or alteration or

replacement of an existing seawall, and the associated use of the structure

inside a site or habitat identified in Schedule C (mana whenua), Schedule F4

(coastal sites), Schedule F5 (coastal habitats) or Schedule J (geological

features) in the coastal marine area including any associated:







that is not a controlled activity under Rule R165 or a discretionary activity

under Rule R166, is a non-complying activity.

Heritage structures

Rule R168: Maintenance or repair or Aalteration of structures in

Schedule E1, E2, and E3 – permitted activity

The maintenance or repair or alteration of a structure identified in Schedule E1

(heritage structures), E2 (wharves and boatsheds) or E3 (navigation aids) in the

coastal marine area, including any associated:




(d) discharge of contaminants


(e) the alteration is contained within the form of the existing structure and

there is no increase in the length, width, or height of the existing

structure, and

(f)(e) for structures identified in Schedule E1 (heritage structures), Schedule

E2 (wharves and boatsheds) and Schedule E3 (navigation aids), the

materials used for maintenance or repair or alteration of the structure

shall use the same materials, or the altered components should be of

similar materials as the original it replaces in texture, form profile,

design and appearance, and

(f) any alteration is contained within the form of the existing structure

and there is no increase in length, width, height of the existing

structure, and

(g) the number of components altered should be substantially less than

existing number of components, and

(h) the alteration does not include the removal, relocation, partial or total

demolition of any structure, and




Note

Repainting is permitted by this rule.

Rule R169: Additions or alterations to structures identified in Schedule E1 or Schedule E2– restricted discretionary activity

The addition or alteration to a structure identified in Schedule E1 (heritage

structures), or Schedule E2 (wharves and boatsheds), and the associated use of

the addition in the coastal marine area, including any associated:





that is not permitted by Rule R168, is a restricted discretionary activity,


(e) the structure is not a seawall, and

(f) the activity shall comply with the coastal management general






4. Effects of disturbance, deposition and discharge associated with

construction

5. Effects on the historic heritage values of structures identified in

Schedule E1 (heritage structures) or Schedule E2 (wharves and

boatsheds)




Note

Additions or alterations to seawalls are either a controlled activity under Rule

R165, a discretionary activity under Rule R166 or a non-complying activity

under Rule R167.


Rule R170: Additions to structures identified in Schedule E3 – permitted activity

The addition to a structure identified in Schedule E3 (navigation aids), and the


associated:






(e) the addition is for navigation safety or the efficiency of its operation,

and

(f) the addition shall add no more than 3m in horizontal projection and

2m in vertical projection to the structure as it existed on 31 July 2015

the date of public notification of the Proposed Natural Resources Plan

(31.07.2015), and

(g) the activity shall comply with the coastal management general


Rule R171: Additions or alterations to structures identified in Schedule E1, Schedule E2 or Schedule E3– discretionary activity

The addition or alteration to a structure identified in Schedule E1 (heritage

structures), Schedule E2 (wharves and boatsheds), or Schedule E3 (navigation

aids) and the associated use of the addition in the coastal marine area, including

any associated:





that is not permitted by Rule R168 or Rule R170 discretionary activity under

Rule R169 is a discretionary activity.

Rule R172: Removal, demolition or replacement of structures or parts of structures identified in Schedule E1, Schedule E2 or Schedule E3 – discretionary activity

The removal, demolition or replacement of a structure or part of a structure

identified in Schedule E1 (heritage structures), Schedule E2 (wharves and

boatsheds) or Schedule E3 (navigation aids) or Schedule E6 (Lambton Harbour


Heritage Area) and the associated use of a structure in the coastal marine area,






that is not permitted by Rule R152, Rule R165, Rule R168, Rule R149, or Rule

R170 or R173, or controlled under Rule R157 or Rule R165, or discretionary

restricted restricted discretionary under Rule R153, R169, or R173 is a

discretionary activity

Structures in the Commercial Port Area

Rule R173: Maintenance or repair or Aadditions or alterations to structures inside a Commercial Port Area – permitted activity

The maintenance or repair or addition or alteration to a structure inside a

Commercial Port Area shown on Map 32, Map 33 and Map 34 and the


associated:







(f) the structure is not inside a site or habitat identified in Schedule C

(mana whenua), Schedule F4 (coastal sites) or Schedule F5 (coastal

habitats), and

(g) the maintenance or repair or addition and alteration shall add no more

than 30m horizontal projection and 10m vertical projection to the

structure, as it existed on the date of 31 July 2015 public notification

of the Proposed Natural Resources Plan (31.07.2015), and



Rule R174: Maintenance or repair or Aadditions or alterations to structures inside a Commercial Port Area – controlled activity

The maintenance or repair or addition or alteration to a structure inside a

Commercial Port Area shown on Map 32, Map 33 and Map 34 and the



associated:






that is not permitted by Rule R149 or Rule R173 is a controlled activity,


(f) the structure is not identified in Schedule E2 (wharves and boatsheds),

and

(g)(f) the addition and alteration shall add no more than 50m horizontal

projection and 20m vertical projection to the structure as it existed on

the date of 31 July 2015 public notification of the Proposed Natural

Resources Plan (31.07.2015), and

(h)(g) the activity shall comply with the coastal management general


Matters of control


2. Lighting and noise mitigation methods




with the activity

Notification



Rule R175: New structures associated with passenger and cargo handling inside the Commercial Port Area – permitted activity

The placement of Aa new structure associated with passenger handling (for the

transfer of passengers, crews and other persons) or cargo handling and the

associated use of the structure inside a Commercial Port Area shown on Map

32, Map 33 and Map 34 in the coastal marine area, including any associated:








(f) the structure shall not exceed a height of 27m, and



Boatsheds and swing moorings

Rule R176: Use of boatsheds – permitted activity

The use of a boatshed in the coastal marine area, for water based activities that

require a coastal location, is a permitted activity, provided the following

condition is met:

(a) the activity shall comply with the coastal management general


Rule R177: Change of use of boatsheds – non-complying activity

The change in use of a boatshed in the coastal marine area to an activity that

does not have a functional need to be in the coastal marine area, after the date

of 31 July 2015 public notification of the Proposed Natural Resources Plan

(31.07.2015), including any associated:





is a non-complying activity.

Notification

In respect of Rule R177, applications must be publicly notified.

Rule R178: New boatsheds inside Boatshed Management Areas – discretionary activity

The placement of Aa new boatshed inside a Boatshed Management Area

shown on Map 31 and the associated use of the boatshed in the coastal marine

area, including any associated:






is a discretionary activity.

Rule R179: New boatsheds outside Boatshed Management Areas – non-complying activity

The placement of Aa new boatshed outside a Boatshed Management Area

shown on Map 31 and the associated use of the boatshed in the coastal marine

area that is not a discretionary activity under Rule R178, is a non-complying

activity.

Rule R180: New sSwing moorings inside Mooring Areas – permitted activity

The placement of Aa new swing mooring inside a Mooring Area shown on

Map 36, Map 37, Map 38, Map 39, Map 40 or Map 41 and the associated use

of the swing mooring in the coastal marine area, including any associated:






(e) the mooring area has available mooring space, and

(f) a mooring licence has been obtained from the Wellington Regional

Council Harbourmaster, or a resource consent is held, and



Rule R181: New swing moorings outside Mooring Areas – non-complying activity

The placement of Aa new swing mooring outside a Mooring Area shown on

Map 36, Map 37, Map 38, Map 39, Map 40 and Map 41 and the associated use

of the swing mooring in the coastal marine area, including any associated:







Notification

In respect of Rule R181, applications must be publicly notified are precluded

from public notification (unless special circumstances exist).

Occupation

Rule R182: Occupation of space by regionally significant infrastructure or a structure owned by a network utility operator – permitted activity

The occupation of space in the common marine and coastal area by a

structure existing before the date of 31 July 2015 public notification of the

Proposed Natural Resources Plan (31.07.2015) which is regionally significant

infrastructure or owned by a network utility operator is a permitted activity.

Rule R183: Renewal of existing resource consents for occupation of space by structures – controlled activity

The first renewal of an existing resource consent for the occupation of space

by a structure in the common marine and coastal area, after the date of 31

July 2015 public notification of the Proposed Natural Resources Plan

(31.07.2015)is a controlled activity.

Matters of control



Notification



Rule R184: Occupation of space – discretionary activity

The occupation of space in the common marine and coastal area that is not

permitted, controlled, restricted discretionary, non-complying or prohibited is a


Surface water and foreshore activities

Rule R185: General surface water and foreshore activities – permitted activity

General surface water and foreshore activities and the associated use in the








(e) the activity is not inside the Lambton Harbour Area (including

Northern Zone) shown on Map 32, and

(f) if the activity includes occupation of space in the common marine

and coastal area that excludes public access or navigation of ships:

(i) the area of occupation shall be less than 1ha, and

(ii) the activity shall comply with the Wellington Regional

Council Navigation and Safety Bylaws Wellington Region

2009, and

(iii) the occupation shall not affect the operational requirement of

emergency services including the coastguard, police and surf

lifesaving, and

(iv) written notice shall be given five working days before work

commences to:

a. the Wellington Regional Council Harbourmaster,

and

b. Maritime New Zealand, and

c. the relevant territorial authority, and

(v) the duration of the activity in a 12 month period must not

exceed:

a. for temporary military training activities, 30 days,

and

b. for all other activities, seven days, and

(g) if the activity will exclude public access or navigation of ships in the

common marine and coastal area for more than 24 hours:

(i) the public shall be notified of the proposed activity and

associated restrictions on use of the area, including via a

public notice in local newspapers, at least 14 working days

prior to the commencement of the activity, and

(ii) signs shall be placed at the location of the activity notifying

the public of the event with dates, times, the activity

proposed, any restrictions imposed on the use of the area and

contact information of the organiser at least seven working

days prior to the occupation commencing, and




Note

Permission may be required from the relevant city or district council.

Any activities which disturb the foreshore or seabed within the Cook Strait

Cable Protection Zone (shown in Map 52), including anchoring and fishing,

has the potential to damage the Cook Strait Cables, and is required to comply

with the Submarine Cables and Pipeline Protection Order 2009.

Rule R186: General surface water and foreshore activities – restricted discretionary

General surface water and foreshore activities and the associated use in the






that is not permitted by Rule R185 is a restricted discretionary activity,


(e) the activity shall comply with the coastal management general






4. Extent and exclusivity of the occupation of the common marine and

coastal area

5. Navigation safety


7. Effects on a site or habitat identified in or using Schedule C (mana

whenua), Schedule F4 (coastal sites), Schedule F5 (coastal habitats),

Schedule J (geological features) or Schedule K (surf breaks)


(heritage structures), Schedule E2 (wharves and boatsheds) or

Schedule E3 (navigational aids)


Rule R187: General surface water and foreshore activities – discretionary activity

General surface water and foreshore activities in and the associated use of the






not permitted by Rule R185 or restricted discretionary under Rule R186 is a


General disturbance activities

Rule R188: Minor disturbances – permitted activity

The disturbance of the foreshore or seabed including any removal of sand,

shingle, shell or other natural material in the coastal marine area, including any

associated:



(c) discharge of contaminants


(d) the activity shall not be inside a site or habitat identified in or using

Schedule C (mana whenua), Schedule E4 (archaeological sites),

Schedule F2c (birds-coastal) or Schedule J (geological features), and

(e) no more than 0.1m3 of sand, shingle, shell or other natural material

shall be taken by a person in a 12 month period, and

(f) the removed natural material shall not be used for commercial gain,

and

(g) the area of excavation shall be smoothed over after the completion of

the activity (e.g. no holes left on the foreshore), and

(h) the extent of the foreshore or seabed disturbance is limited to that

required to undertake the activity, and

(i) no motorised excavation machinery shall be used to disturb or remove

sand, shingle, shell or other natural material.

Note

While the removal of natural materials from a marine reserve (unless

authorised for research purposes) is prohibited under the Marine Reserves Act


1971, a memorandum of understanding between the Department of

Conservation and the Wellington City Council enables the removal of natural

material (beach grooming) within Taputeranga Marine Reserve with particular

conditions.

Rule R189: Clearance of stormwater pipes – permitted activity

The disturbance of the foreshore or seabed from the clearance of a stormwater

pipe in the coastal marine area, including any associated:





(d) the disturbance is undertaken by or for a local authority or a road

controlling authority or is required for port maintenance, and

(e) the extent of the foreshore or seabed disturbance is limited to that

required to create a free-draining path from the stormwater outlet to

the sea, and

(f) the disturbance shall not prevent public access to or along the

foreshore, and

(g) all material excavated is retained within the active beach system

except for visibly contaminated material. Any visibly contaminated

material shall be removed from the beach system and disposed of

appropriately, and

(h) excavated material is not mounded, bunded and/or deposited in a

manner that creates ponding or the diversion of water on the foreshore

or seabed, and



Rule R191: Disturbance associated with beach grooming – permitted activity

The disturbance of the foreshore or seabed for beach grooming including any

removal of sand, shingle, shell or other natural material in the coastal marine


(a) deposition in, on or under the foreshore or seabed, and

(b) discharge of contaminants

on the following beaches:


Ōtaki, Te Horo, Peka Peka, Waikanae, Paraparaumu, Raumati, Paekakariki,

Tītahi Bay (excluding the area of fossil forest shown on Map 35), Karehana

Bay, Plimmerton, Browns Bay, Bradley Point, Motukaraka Point, Mana

Foreshore, Onehunga Bay, Dolly Varden Beach, Pukerua Bay, Lyall Bay,

Island Bay, Princess Bay, Worser Bay, Scorching Bay, Oriental Bay, Freyberg,

Petone, Point Howard, Sorrento Bay, Days Bay, Rona Bay, Castlepoint,

Riversdale


(c) the beach grooming shall be carried out for the purpose of grooming

and the removal of marine debris and litter, and

(d) the activity shall be undertaken by or for a local authority, and

(e) the activity shall not occur when shellfish beds are exposed, and

(f) the activity shall not be within a site identified in Schedule C (mana

whenua) or Schedule E4 (archaeological sites) or Schedule F4

(significant indigenous biodiversity values in the coastal marine area),

except on Island Bay beach, and

(g) the activity shall not be within the Tītahi Bay fossil forest shown on

Map 35., and


conditions specified above in section 5.7.2.

Note

While the removal of natural materials from a marine reserve (unless

authorised for research purposes) is prohibited under the Marine Reserves Act

1971, regulation 7 of the Marine Reserves (Taputeranga) Order 2008 a

memorandum of understanding between the Department of Conservation and

Wellington City Council enables a local authority to remove beach cast

seaweed and debris after a storm beach grooming within Taputeranga Marine

Reserve with particular conditions.

Rule R192: Beach recontouring for coastal restoration purposes – controlled activity

The disturbance of the foreshore or seabed for beach recontouring in the





(c) the activity forms part of a coastal restoration plan, and

(d) the activity shall comply with the coastal management general



Matters of control

1. Timing of the activity associated with coastal fauna

2. Volume of material removed


with the activity

4. Effects on shoreline stability (including dunes and nearshore) and the

potential to create a coastal inundation hazard

5. Effects on the heritage values of structures and sites identified in

Schedule E1 (heritage structures) or Schedule E4 (archaeological

sites)

6. Effects on sites and habitats identified in or using Schedule C (mana

whenua), Schedule F2c (birds-coastal), Schedule F4 (coastal sites),

Schedule F5 (coastal habitats) or Schedule J (geological features) and

Schedule K (surf breaks)

Notification



Rule R193: River, and stream and lake mouth cutting – permitted activity

The disturbance of the foreshore or seabed for river, and stream and lake mouth

cutting in the coastal marine area, including any associated:


(b) discharge of contaminants, and

(c)(b) diversion of open coastal water, and

(d)(c) discharge of contaminants for the following rivers and lakes:

(e)(d) Waitohu Stream, Ōtaki River, Mangaone Stream, Waimeha Stream,

Waikanae River, Hadfield Drain, Wharemauku Stream, Whareroa

Stream, Wainui Stream, Waikakariki Stream, Makara Stream,

Motuwaireka Stream, Castlepoint Stream, Whakataki River, Tikotu

Stream, and

(f)(e) Lake Kohangapiripiri, Lake Kohangatera and Lake Onoke, and

(g)(f) an unnamed stream approximately 190m south of the seaward end of

Sunrise Way, Riversdale, and

(h)(g) an unnamed stream approximately 145m north of the seaward end of

Sunrise Way, Riversdale, and

(i)(h) an unnamed stream at the seaward end of Karaka Drive, Riversdale



(j)(i) the activity shall be carried out for the purposes of flood protection

and/or erosion mitigation, and

(k)(j) the activity shall only be carried out by or for a local authority, and

(l)(k) the activity is only undertaken when the trigger level defined in

Schedule U (river mouth cutting) is equalled or exceeded, and

(m)(l) the foreshore shall not be mechanically disturbed to a depth greater

than required to divert stream flow, and

(n)(m) the activity shall not prevent public access to or along the foreshore

(this condition shall not apply to any restrictions on access arising

from water flowing in any outlet channel), and

(o)(n) any material excavated shall be placed on the immediately adjacent

foreshore area, and no material shall be removed from the site unless

the material is contaminated and/or it contains hazardous substances,

and

(p)(o) for activities undertaken in the mouths of either Lake Kohangapiripiri

or Lake Kohangatera, any cutting operation shall be in accordance

with the Wellington Regional Council Parangarahu Lakes Area

Co-Management Plan (August 2014), and

(q)(p) for activities undertaken in the Lake Onoke mouth, the mechanical

opening shall not occur during the period 1 February to 31 May

(inclusive) each year without notification to a nominated

representative (or in their absence, a nominated deputy) from the

Tuhirangi Marae, and

(r)(q) for activities undertaken in the Waikanae River, the Department of

Conservation shall be notified at least two working days prior to the

commencement of the cutting operation, and

(s)(r) the activity shall comply with the coastal management general


Rule R194: Disturbance or damage – discretionary activity

The disturbance or damage of the foreshore or seabed outside a site or habitat

identified in Schedule C (mana whenua), Schedule F4 (coastal sites), Schedule

F5 (coastal habitats) or Schedule J (geological features) in the coastal marine




that is not permitted by Rule R188, Rule R191 or Rule R193 is a discretionary

activity.


Note

Rule R194 controls the damage and disturbance of the foreshore or seabed. The

dumping of dredged material is not included in this rule. For dumping of

material in the coastal marine area refer to Rule R210, Rule R211, Rule R212

or Rule R213.

Rule R195: Disturbance or damage inside sites of significance – non-complying activity

Disturbance or damage of the foreshore or seabed inside a site or habitat




(a) occupation in the common marine and coastal area, and



that is not permitted by Rule R191 or Rule R193 or a controlled activity under

Rule R192, is a non-complying activity.

Note

Rule R195 controls the damage and disturbance of the foreshore or seabed. The

dumping of dredged material is not included in this rule. For dumping of

material in the coastal marine area refer to Rule R210, Rule R211 or Rule

R212.

Motor vehicles on the foreshore

Rule R190: Motor vehicles for Llaunching, retrieving or temporary mooring of vessels – permitted activity

The disturbance of the foreshore or seabed from a motor vehicle associated

with the launching, retrieval or temporary mooring of a vessel in the coastal

marine area is a permitted activity, provided the following conditions are met:

(a) a boat ramp shall be used if available at the locality, and

(b) the activity shall not be undertaken on any exposed Tītahi Bay fossil

forest shown on Map 35, and

(c) the activity shall comply with the coastal management general


Note

Marine Reserves Regulations 1993 provide for anchoring and use of vessels in

a marine reserve (section 5 and 6 respectively). Anchoring is only permitted on

the condition that no damage occurs, or that damage is kept to a minimum

practical level. The Marine Reserves Act 1971 (section 23) provides for

anchoring anywhere within a marine reserve in times of stress or emergency.


Rule R196: Motor vehicles – permitted activity

The disturbance of the foreshore from motor vehicles, other than those

permitted by R190, in the coastal marine area is a permitted activity, provided

the following conditions are met:

(a) the activity is not within the area of Tītahi Bay shown on Map 35, and

(b) the activity is not within a site or habitat identified in Schedule C

(mana whenua), Schedule E4 (archaeological sites), Schedule F2c

(birds-coastal), Schedule F4 (coastal sites), Schedule F5 (coastal

habitats) or Schedule J (geological features).

Note

Permission may be required from the relevant city or district council.

Rule R197: Motor vehicles for certain purposes – permitted activity

The disturbance of the foreshore or seabed from motor vehicles in the coastal

marine area, for the following purposes:

(a) surf lifesaving operations, or

(b) emergency situations, including firefighting, oil spills, rescue

operations, salvage of vessels and marine mammal strandings, or

(c) local authority activities, including law enforcement, or

(d) activities carried out by or on behalf of the Department of

Conservation, or

(d)(e) the maintenance, upgrade and operation of regionally significant

infrastructure


(e)(f) the vehicle shall take the most direct route, and shall only operate

within the area necessary to carry out the activity to ensure minimal

disturbance to the foreshore or seabed, and

(f)(g) the activity shall comply with the coastal management general


Rule R198: Motor vehicles inside sites of significance – non-complying activity

The disturbance of the foreshore or seabed from motor vehicles inside a site or

habitat identified in Schedule C (mana whenua), Schedule E4 (archaeological

sites), Schedule F2c (birds-coastal), Schedule F4 (coastal sites), Schedule F5

(coastal habitats) or Schedule J (geological features) in the coastal marine area,

that is not permitted by Rule R190, Rule R196 or Rule R197 or prohibited

under Rule R199, is a non-complying activity.


Rule R199: Motor vehicles in the fossil forest at Tītahi Bay – prohibited activity

The disturbance of the foreshore or seabed from motor vehicles within the

following areas at Tītahi Bay in the coastal marine area:

(a) part of the foreshore shown on Map 35 as containing remnants of

fossilised forest, and

(b) any part of the remaining foreshore where any fossil forest is exposed

that is not permitted activity under Rule R189, Rule R190, Rule R192, Rule

R196 or Rule R197 or non-complying under Rule R198, is a prohibited

activity.

Note

Rule R190 provides for the disturbance of the foreshore or seabed (associated

with the use of a motor vehicle) on Titahi Bay Beach to launch, retrieve or

temporarily moor a vessel as a permitted activity.

Dredging

Rule R200: Dredging for flood protection purposes or erosion mitigation – controlled activity

Destruction, damage, and disturbance and deposition associated with dredging

of the foreshore or seabed for flood protection purposes or erosion mitigation

in a river or stream mouth in the coastal marine area, including any associated:



(c) diversion of open coastal water


(d) the activity shall be carried out by or for a local authority, and

(e) the activity shall not occur in Te Awa Kairangi/Hutt River, and

(f) the activity shall not occur inside a site or habitat identified in

Schedule C (mana whenua), Schedule F4 (coastal sites), Schedule F5

(coastal habitats) or Schedule J (geological features), and

(g) for dredging in the Waikanae River, the Department of Conservation

is notified, and


conditions specified above in Section 5.7.2, excluding condition (b).

Matters of control



2. Method of dredging

3. Frequency, volume and timing of disturbance and removal

4. Quality, nature and composition of the material to be disturbed and

removed including the potential presence of contaminants


stability in the vicinity and adjacent areas and the potential to create a

coastal inundation hazard

6. Effects on sites or habitats identified in Schedule F2c (bird-coastal),

Schedule F2a (birds-rivers) or Schedule K (surf breaks)

Notification



Note

Rule R200 controls the destruction, damage and disturbance of the foreshore or

seabed. The dumping of dredged material is not included in this rule. For

dumping of material in the coastal marine area refer to Rule R210, Rule R211

or Rule R212.

Rule R201: Dredging for flood protection purposes or erosion mitigation inside sites of significance – discretionary non-complying activity

Destruction, damage, or disturbance or deposition associated with dredging for

flood protection purposes or erosion mitigation inside a site or habitat







is a discretionary non-complying activity.

Note




or Rule R212.

Rule R202: Maintenance dredging outside a Commercial Port Area or navigation protection areas – controlled activity

Destruction, damage, or disturbance or deposition associated with maintenance

dredging outside a Commercial Port Area shown on Map 32, Map 33 and


Map 34 or a navigation protection area shown on Map 49, in the coastal






(d) the activity shall comply with any related current resource consent

conditions and the area of the coastal marine area that this consent(s)

specifies, and

(e) the activity shall not occur inside a site or habitat identified in

Schedule C (mana whenua), Schedule F2c (birds-coastal), Schedule

F4 (coastal sites) or Schedule F5 (coastal habitats), and

(e)(f) the activity shall comply with the coastal management general

conditions specified above in Section 5.7.2, excluding condition (b).

Matters of control

1. Method of dredging

2. Depth of any dredging including that which occurs in the Hutt Valley

Aquifer Zone in the Wellington Harbour (Port Nicholson) shown on

Map 30


stability in the vicinity and adjacent areas and the potential to create a

coastal inundation hazard


with the activity

5. Effects on sites and habitats identified in Schedule C (mana whenua),


(coastal habitats), Schedule J (geological features) or Schedule K (surf

breaks)

6. Effects on the heritage values of sites identified in Schedule E4

(archaeological sites)

7. Navigational safety and charting including notification of Land

Information New Zealand, the Wellington Regional Council

Harbourmaster and Maritime New Zealand

Notification




Note



dumping of material in the coastal marine area refer to Rules R210, Rule R211

or Rule R212.

Rule R203: Dredging inside a Commercial Port Area or navigation protection areas – discretionary activity

Destruction, damage, or disturbance or deposition associated with dredging

inside the Commercial Port Area shown on Map 32, Map 33 and Map 34 or

in a navigation protection area shown on Map 49, in the coastal marine area,


(a) deposition in, on or under the foreshore or seabed and




Note




or Rule R212.

Deposition

Rule R206: Re-deposition of wind-blown sand – permitted activity

The re-deposition of wind-blown sand into the coastal marine area, including

any associated:




(c) the sand is free of contaminants and includes no litter, and

(d) the sand has been derived from the beach where it is to be deposited,

and

(e) the sand is not removed from sand dunes, and

(f) the activity shall comply with the coastal management general



Rule R207: Deposition for beach renourishment – controlled activity

The deposition of sand, shingle, shell or other naturally occurring coastal

material for beach renourishment in, on or under the coastal marine area,




is a controlled activity provided the following conditions are met:

(c) the deposition is for the purpose of managing beach or shoreline

erosion or improving the amenity value of the foreshore, and

(d) the deposition is undertaken by, or for, a local authority, and

(e) the activity shall comply with the coastal management general


Matters of control

1. Type and composition of the material to be used including its size,

roundness, shape and colour

2. Volume of material to be deposited


with the activity



5. Effects on sites or habitats identified in Schedule C (mana whenua),

Schedule F2c (birds–coastal), Schedule F4 (coastal sites), Schedule F5

(coastal habitats), Schedule J (geological features) and Schedule K

(surf breaks)

6. Measures to manage the loss of the deposited material through wind

or water erosion

7. Navigational safety and charting including notification of Land

Information New Zealand and Maritime New Zealand

Notification

In respect of Rule R207 applications are precluded from public notification


Rule R208: Deposition outside sites of significance – discretionary activity

Deposition outside a site and habitat identified in Schedule C (mana whenua),

Schedule E4 (archaeological sites), Schedule F4 (coastal sites), Schedule F5


(coastal habitats) or Schedule J (geological features) in, on or under the coastal




that is not permitted, controlled, restricted discretionary, non-complying or

prohibited, is a discretionary activity.

Rule R209: Deposition inside sites of significance – non-complying activity

Deposition inside sites and habitats identified in Schedule C (mana whenua),

Schedule E4 (archaeological sites), Schedule F4 (coastal sites), Schedule F5

(coastal habitats) or Schedule J (geological features) in, on or under the coastal




that is not a permitted activity under Rule R206 or a controlled activity under

Rule R207 or a discretionary activity under Rule R208, is a non-complying

activity.

Dumping of waste or other matter

Rule R210: Dumping of waste or other matter outside sites of significance – discretionary activity

The dumping of:

(a) dredge material, and

(b) sewage sludge, and

(c) fish processing waste from an onshore facility, and

(d) ships and platforms or other man-made structures at sea, and

(e) inert, inorganic geological material, and

(f) organic materials of natural origin, and

(g) bulky items consisting mainly of iron, steel, and concrete

from a ship, aircraft or offshore installation or dredging activity outside a site

and habitat identified in Schedule C (mana whenua), Schedule E4

(archaeological sites), Schedule F4 (coastal sites), Schedule F5 (coastal

habitats) or Schedule J (geological features) in the coastal marine area,


(h) disturbance of the foreshore or seabed, and


(i) discharge of contaminants


Rule R211: Dumping or storage of waste or other matter outside sites of significance – discretionary activity

The dumping or storage of waste or other matter arising directly from, or

related to, the exploration, exploitation, and associated offshore processing of,

seabed mineral resources in the coastal marine area, including any associated:



is a discretionary activity., provided the following condition is met:

(c) the activity shall not occur inside a site or habitat identified in

Schedule C (mana whenua), Schedule E4 (archaeological sites),


J (geological features).

Rule R212: Dumping of waste or other matter inside sites of significance – non-complying activity

The dumping of:

(a) dredge material, and

(b) sewage sludge, and

(c) fish processing waste from an onshore facility, and

(d) ships and platforms or other man-made structures at sea, and

(e) inert, inorganic geological material, and

(f) organic materials of natural origin, and

(g) bulky items consisting mainly of iron, steel, and concrete

(h) from a ship, aircraft or offshore installation or dredging activity inside

a site and habitat identified in Schedule C (mana whenua), Schedule

E4 (archaeological sites), Schedule F4 (coastal sites), Schedule F5

(coastal habitats) or Schedule J (geological features) in the coastal


(i) disturbance of the foreshore or seabed, and

(j) discharge of contaminants

that is not a discretionary activity under Rule R210 or Rule R211 or is not a

prohibited activity under Rule R213, is a non-complying activity.


Rule R213: Incineration of waste – prohibited activity

The dumping of incineration of waste or other matter in any marine

incineration facility in the coastal marine area, including any associated:



that is not a discretionary activity under Rule R210 or Rule R211 or a non-

complying activity under Rule R212, is a prohibited activity.

Reclamation and drainage

Rule R214: Reclamation and drainage for regionally significant infrastructure outside of sites of significance – discretionary activity

Reclamation and drainage for regionally significant infrastructure activities

outside a site or habitat identified in Schedule C (mana whenua), Schedule E4

(archaeological sites), Schedule F4 (coastal sites), Schedule F5 (coastal

habitats) or Schedule J (geological features) in the coastal marine area,



(b) destruction of the foreshore or seabed, and

(c) disturbance of the foreshore or seabed, and

(d) deposition in, on or under the foreshore or seabed, and

(e) discharge of contaminants, and

(f) diversion of open coastal water


Rule R215: Reclamation and drainage inside of sites of significance – non-complying activity

Reclamation and drainage in the coastal marine area, including any associated:


(b) destruction of the foreshore or seabed, and

(c) disturbance of the foreshore or seabed, and

(d) deposition in, on or under the foreshore or seabed, and

(e) discharge of contaminants

(f) diversion of open coastal water


that is not a discretionary activity under Rule R214 is a non-complying

activity.

1.1.2 Destruction

Rule R216: Destruction – non-complying activity

The destruction of the foreshore or seabed in the coastal marine area including

any associated:






All other destruction, damage, or disturbance or deposition

Rule R204: Destruction, damage, or disturbance or deposition outside sites of significance – discretionary activity

Destruction, damage, or disturbance or deposition outside a site and habitat

identified in Schedule C (mana whenua), Schedule E4 (archaeological sites),

Schedule F4 (coastal sites), Schedule F5 (coastal habitats) or Schedule J

(geological features) in the coastal marine area, including any associated:




that is not permitted, controlled, restricted discretionary, non-complying or

prohibited, is a discretionary activity.

Rule R205: Destruction, damage, or disturbance or deposition inside sites of significance – non-complying activity

Destruction, damage, or disturbance or deposition inside a site and habitat

identified in Schedule C (mana whenua), Schedule E4 (archaeological sites),

Schedule F4 (coastal sites), Schedule F5 (coastal habitats) or Schedule J

(geological features) in the coastal marine area, including any associated:




that is not permitted, controlled, restricted discretionary, discretionary or

prohibited, is a non-complying activity.


Introduction of plants

Rule R217: Planting – permitted activity

The introduction or planting of any plant species in the coastal marine area






(d) the plant species shall not be identified in the National Pest Plant

Accord 20123 or in the Greater Wellington Regional Pest

Management Strategy 2002-2022, and

(e) the plant species planted shall be native species that naturally grow in

the area planting occurs, and

(e)(f) there is no planting in sites identified in Schedule E4 (archaeological

sites), and

(f)(g) the activity shall comply with the coastal management general


Note

The Wellington Regional Council will provide advice on its website and upon

request regarding appropriate species to plant.

Rule R218: Planting – discretionary activity

The introduction or planting of any plant species in the coastal marine area





that is not a permitted under Rule R217 or is not a prohibited activity under

Rule R219, is a discretionary activity.

Rule R219: Planting of pest species – prohibited activity

The introduction or planting of a pest plant species identified in the National

Pest Plant Accord 20123 or in the Greater Wellington Regional Pest

Management Strategy 2002-2022 in the coastal marine area is a prohibited

activity.

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